Law Commons^™

The United Nations And The Magna Carta For Children, Winston E. Langley

Winston E. Langley

The impulse that invited the preparation of this book is one which is linked to the convergence of a number of factors bearing on my interest in human rights. First, the brutality visited on children during World War II has had an abiding negative effect on my sense of what is possible in human conduct. Second, I am persuaded that children are not simply the means by which human societies are continued, but, as well, the potential source of moral revitalization and transformation for those societies. Third, I recognize that the human rights movement, which followed World War II, holds …

Panelist, "A Trauma-Informed Approach To Girls: What It Is, Why Its Needed", Francine Sherman

Francine T. Sherman

No abstract provided.

The Trial Court’S Gatekeeper Role Under Frye, Daubert And Kumho: A Special Look At Children's Cases, John Eric Smithburn

J. Eric Smithburn

No abstract provided.

The Trial Court's Gatekeeper Role Under Frye, Daubert, And Kumho: A Special Look At Children's Cases, John Eric Smithburn

J. Eric Smithburn

No abstract provided.

What Process Is Due?: Unaccompanied Minors' Rights To Deportation Hearings, Irene Scharf, Christine Hess

Irene Scharf

Thousands of foreign-born children enter the United States every year. Many, particularly those crossing at the Mexican border, arrive without legal immigration status and unaccompanied by adults. Once here, these children have certain rights under the Constitution and the immigration laws of this country. Their primary right is to a deportation hearing. Under the current procedures used by Immigration and Naturalization Service (INS), however, these children are encouraged to waive that right and "elect" voluntary departure. The voluntary departure process requires that they admit to having entered the country illegally, choose the country to which they will return, and leave …

New Paths For The Court: Protections Afforded Juveniles Under Miranda; Effective Assistance Of Counsel; And Habeas Corpus Decisions Of The Supreme Court’S 2010/2011 Term, Richard Klein

Richard Daniel Klein

No abstract provided.

31. How Attorneys Question Children About The Dynamics Of Sexual Abuse And Disclosure In Criminal Trials., Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

30. Facilitating Maltreated Children's Use Of Emotional Language., Elizabeth C. Ahern, Thomas D. Lyon

Thomas D. Lyon

Live Organ And Tissue Transplants From Minor Donors In Massachusetts, Charles H. Baron, Margot Botsford, Garrick F. Cole

Charles H. Baron

This article examines the system of providing court approval for organ and tissue transplants from minor donors as it operates in Massachusetts. It focuses principally on the substantive interests of prospective donors and on the extent to which the current procedures afford them adequate protection. It begins by examining the requirement of consent and demonstrates the necessity of judicial authorization of minor donors' participation in transplant procedures. Next, it analyzes the current Massachusetts practice and assess its capacity to afford minor donors adequate protection from the possible dangers of serving as an organ or tissue donor. It suggests that the …

Addressing Early Marriage: Culturally Competent Practices And Romanian Roma (“Gypsy”) Communities, Judith Hale Reed

Judith A Hale Reed

Early marriage affects many communities around the world. Examples of commonly practiced early marriage can be found today in the U.S., India, Syria, and many other places. Although most countries have instituted minimum age laws for marriage, so that legal marriage can only occur after an age set by law, early marriage is still practiced for tradition, control, security, and other reasons. This article explores the harms of early marriage and the international instruments meant to defend against these harms in Part II. Part III reviews theoretical perspectives from legal anthropology and presents a case study of early marriage in …

The National Academy Of Sciences And Juvenile Justice, Robert Sanger

Robert M. Sanger

In March of 1863, during the height of the Civil War in the United States, President Abraham Lincoln founded the National Academy of Sciences (NAS). This spring, the NAS celebrated its 150th anniversary. President Barack Obama gave a speech praising the history of the organization and noting its many achievements. The NAS brings together the finest scientific minds to assist the government on scientific matters from the military, to the space program, to education, to medicine, to global warming, to industrial science, to engineering, to cybersecurity.

The National Academy of Sciences also assists the Federal Judicial Center and the Administrative …

Termination Of Older Youth From Foster Care: A Protocol For Illinois, Laurene Heybach, Stacey Platt

Stacey E. Platt

No abstract provided.

The Kidnapping Of Edgardo Mortara: Contemporary Lessons In The Child Welfare Wars, Bruce A. Boyer, Steven Lubet

Bruce A. Boyer

No abstract provided.

What To Do With The Sheep In Wolf's Clothing: The Role Of Rhetoric And Reality About Youth Offenders In The Constructive Dismantling Of The Juvenile Justice System, Sacha M. Coupet

Sacha M Coupet

No abstract provided.

Tragedies Of Juvenile Informants - Protect Children From Police.Pdf, Jie Liu

Jie Liu

Employment of minor undercover informant has been proven effective in alcohol and tobacco illegal transaction, because both cases do not involve physical violence very much. When it comes to drug case, extreme physical threats are often present to minor informants. Here comes the dilemma between public interests and personal safety. No doubt, the drug related crimes have put the public in a dangerous place. Since the declaration of the war on drugs, drug-related crimes steadily rise over time. More and more juveniles are participating in drug-related cases. Employment of minor informants can effectively reduce juvenile-related drug crimes than employment of …

Know The Law, Francine Sherman

Francine T. Sherman

A series of 11 "Know the Law" legal briefs posted to the National Girls Institute (OJJDP/National Council on Crime and Delinquency) web site.

Moderator, Youth In Prison: The Reality Of The System, Francine Sherman

Francine T. Sherman

On April 30, 2013, Professor Sherman served as the moderator for the Youth in Prison: The Reality of the System at Boston College. The panel discussed the realities of the prison system and efforts being implemented to create positive change.

Article: No Child Left Behind: Why Race-Based Achievement Goals Violate The Equal Protection Clause, Ayriel Bland

Ayriel Bland

In 2002, No Child Left Behind (NCLB) was passed under President George W. Bush with the goal of increasing academic proficiency for all children in the United States by 2014. Yet, many states struggled to meet this goal and the Secretary of the U.S. Department of Education allowed states to apply for waivers and bypass the 2014 deadline. Some states implemented waivers though race-based achievement standards. For example, Florida in October 2012, established that by 2018, 74 percent of African American and 81 percent of Hispanic students had to be proficient in math and reading, in comparison to 88 percent …

Partcipant, Juvenile Detention Alternatives Initiative Inter-Site Conference, Francine Sherman

Francine T. Sherman

Professor Sherman participated in two workshops, Reducing Disparities at the Intersection of Gender, Race and Ethnicity and Eliminating the Use of Detention for Commercially Sexually Exploited Children, at the Juvenile Detention Alternatives Initiative Inter-site Conference held in Atlanta, Georgia.

Position Of Authority Statutes In Athletic Programs: A Proposed Roadmap For The Model Penal Code Revisions In Response To Jerry Sandusky, Casey Schwab

Casey Schwab

Jerry Sandusky, in an interview with Bob Costas on NBC’s “Rock Center,” admitted to “horsing around” while showering with young boys. He denied any sexual misconduct despite this admission. Since his admission of “horseplay” but denial of sexual abuse, the American public has been calling for a broad statutory rule barring adult coaches from being present while young athletes are in the shower. The majority of the current relevant literature examines the consequences that follow once coaches are already convicted of sexual abuse – not how their convictions were reached. The cases in which a coach is accused of sexual …

Plugging The School-To-Prison Pipeline By Improving Behavior And Protecting Core Judicial Functions, Patrick Metze

Patrick Metze

The consolidation of the Texas Youth Commission (TYC) and the Texas Juvenile Probation Commission (TJPC) into the Texas Juvenile Justice Department (TJJD) in 2011, produced a unified state juvenile justice agency to promote public safety first and to produce positive outcomes for youth, families, and communities second. As Professor Metze’s second paper discussing ways to effect a change in the School-to-Prison Pipeline, he first highlights the progress of TJJD’s use of Positive Behavioral Interventions and Supports (PBIS) in the Texas juvenile correctional context as continued evidence that such techniques, if effective in the correctional setting, will certainly work in the …

Exploring Juvenile Fitness For Trial In Queensland, Jodie O'Leary, Bruce Watt, Suzanne O'Toole

Bruce Watt

No abstract provided.

Women At The Forefront: An Examination Of The Disproportionate Exposure Of Mothers To Liability Under Parental Responsibility Laws, Portia Allen-Kyle

Portia Allen-Kyle

This Note discusses the social and legislative affinity for parental responsibility laws in response to juvenile delinquency and victimization and examines the discriminatory impact of such laws on mothers. This Note argues two-fold that: 1) the mere existence of parental responsibility statutes perpetuates “mother blaming” and disproportionately exposes mothers to liability and are thus discriminatory in their effect, and 2) the use of vicarious, strict liability for parents is ineffective and inappropriate in affecting juvenile behavior. Section I provides a discussion about the history of parental responsibility laws and argue the symbolic purpose of many parental responsibility laws. Section II …

Making Detention Reform Work For Girls: A Guide To Juvenile Detention Reform, Francine Sherman, Richard Mendel, Angela Irvine

Francine T. Sherman

Throughout the nation, court-involved girls frequently pose minimal risk to public safety but suffer with significant social service needs. Data on detention utilization show that girls are being disproportionately detained for misdemeanors, status offenses and technical violations of probation and parole. In short, many girls enter detention for the wrong reasons and many remain in detention for extended periods harmful to them and contrary to best practice.

This practice guide responds to a call from both mature and new sites from within the Juvenile Detention Alternatives Initiative (JDAI) network, which continue to find that effectively serving and supervising girls is …

Dancing Around Equality: Public Schools And Prejudice At The Prom, Jeffrey S. Thomas

Jeffrey S. Thomas

No abstract provided.

Which Is Greater: The Right To Parent Or The Rights Of A Parent? The Legal And Ethical Quandaries When A Minor Child Diagnosed With Cancer Wishes To Utilize Oocyte Cryopreservation And Advanced Reproductive Technology For Future Procreation., Jessica M. Hallgren

Jessica M Hallgren

No abstract provided.

Beyond “Eros:” Relative Caregiving, “Agape” Parentage, And The Best Interests Of Children., Sacha M. Coupet

Sacha M Coupet

No abstract provided.

South Dakota: Making Dollars And Sense Of Indian Child Removal, Rachael Whitaker

Rachael Whitaker

South Dakota- Making Dollars and Sense of Indian Child Removal By: Rachael Whitaker In 2004, a South Dakota Governor’s Commission report adamantly denied claims that the state’s Department of Social Services (DSS) is “harvesting Indian children as a cash crop” and “runs nothing more than a state sponsored kidnapping program.” National Public Radio (NPR) broke a story in 2011, claiming South Dakota removed Indian children for profit. Since NPR’s report, the state has remained tight-lipped, advocates have threatened litigation, and Congress has asked for answers. South Dakota has a small population and economy, and it receives almost half of its …

Caught In A Trap - Paternity Presumptions In Louisiana, Evelyn L. Wilson

Evelyn L. Wilson

This article takes a critical look at revisions to Louisiana's 2005 law on presumptions of paternity and advocates for a change so that the presumptions more often reflects the reality that a child born during a later marriage is the child of the mother's current husband and not the child of the mother's former husband, as the 2005 law now presumes.

A Decade Of Progress: Promising Models For Children Found In The Turkish Juvenile Justice System, Brenda A. Mckinney, Lauren Salins

Brenda A McKinney

Turkey has improved its approach to interacting with children in conflict with the law over the past decade, moving closer to a system that ensures its children the opportunity to strive for a better future. This Article focuses on two promising Turkish reforms that hold potential to improve juvenile justice systems internationally, namely: open model incarceration and Turkey’s approach to diversion. This Article demonstrates how a child-centered juvenile justice system can improve public safety and outcomes for youth. It also addresses potential challenges to each model and identifies broader issues that may require reform.